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Toronto, December 9, 2004 - A
court order has been issued
restraining Viktore Zaitsev and
X-Pert Auto Sales, X-Pert Auto
Rentals and Sales and X-Pert
Auto Repairs from directly or
indirectly buying, selling or
advertising motor vehicles in
Ontario.
Zaitsev, a Toronto-area
resident, also faces charges
under the Motor Vehicle Dealers
Act (MVDA) for curbsiding – the
illegal act of selling vehicles
without registration as a
salesperson or dealer.
Under the MVDA – a public
protection statute – all motor
vehicle dealers and salespeople
in Ontario must be registered
with the Ontario Motor Vehicle
Industry Council and carry on
business in accordance with the
law and with honesty and
integrity. In addition to the
MVDA, all registrants must also
adhere to OMVIC’s Standards of
Business Practice.
Zaitsev was registered as a
motor vehicle salesperson in
February 2002 and in July 2003
OMVIC started proceedings
leading to the revocation of
Zaitsev’s registration and that
of his dealership, X-Pert Auto
Sales, for failing to carry on
business in accordance with the
law and with honesty and
integrity. By law, dealers are
required to disclose “material
facts” to consumers – facts
about a vehicle which might
influence a consumer’s buying
decision.
Zaitsev appealed OMVIC’s
decision to revoke his
registration to the Licence
Appeal Tribunal, however, the
Tribunal supported OMVIC’s
decision and revoked licences
for both Zaitsev and X-Pert
Auto. The Tribunal found that on
several occasions between April
2002 and March 2003 Zaitsev or
his dealership failed to
disclose material facts to
consumers including disclosure
of insurance write-offs, the
true distance vehicles had
travelled and failed to submit
warranty monies he received from
his customers for the purchase
of third-party warranties.
Since losing his licence on
February 18, 2004, Zaitsev is
alleged to have continued
selling vehicles illegally
through Wheels for Rent at 867
Kipling Avenue. OMVIC brought
curbsiding charges against
Zaitsev following an
investigation into his
activities.
“OMVIC continued to receive
consumer complaints about
Viktore Zaitsev’s activities
even after charges were laid,”
reports Laura Gordon, Director
of Compliance. Finally, in
November, OMVIC sought a court
order to help stop Zaitsev’s
illegal sales activities. “It’s
important to remember Zaitsev is
not registered to legally sell
vehicles and this court order
now places even greater
restrictions on his activity.
Any vehicles found advertised by
Zaitsev, or any other car sales
activities, should be reported
to OMVIC at 1-800-943-6002.”
All other persons to whom notice
of the Order may be given are
also restrained from assisting
Zaitsev from participating in
the activities outlined above.
OMVIC is the self-management
organization of the motor
vehicle dealer industry and
administers the Motor Vehicle
Dealers Act – a public
protection statute – on behalf
of the Minister of Consumer and
Business Services. OMVIC’s
mandate is to maintain a safe
and informed marketplace by
ensuring registration of dealers
and salespeople, regularly
inspecting all of Ontario’s
9,000 dealerships, maintaining a
complaint line for consumers and
conducting investigations.
OMVIC’s Board of Directors
includes 9 elected dealers and 3
consumer representatives
appointed by government. OMVIC
also administers the Motor
Vehicle Dealers Compensation
Fund.
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